Professor\u2019s anti-DEI views protected by First Amendment, court rules<\/p>\n
A federal judge in California has issued a permanent order protecting Bakersfield College History Professor Daymon Johnson from punishment for refusing to endorse \u201cdiversity, equity, inclusion, and accessibility\u201d and \u201canti-racism\u201d ideologies in a Tuesday ruling.<\/p>\n
\u201cProfessor Johnson\u2019s speech regarding political and social issues, including his speech about Bakersfield College and its preferred ideologies, criticism of other faculty and administrators, and his advocacy and expression related to [Renegade Institute for Liberty], all constitutes speech on matters of public concern and petition protected by the First Amendment from viewpoint discrimination,\u201d the settlement<\/a> states.\u00a0<\/p>\n He is the faculty lead for RIFL, \u201ca sanctioned organization within Bakersfield College comprised of faculty members dedicated to the pursuit of free speech, open inquiry and critical thinking,\u201d the settlement states.\u00a0<\/p>\n The order affirms that the First Amendment protects Johnson\u2019s right to express \u201cviews that are incompatible with Defendants\u2019 DEIA and anti-racist ideologies.\u201d<\/p>\n Johnson had been self-censoring after the college investigated him for his dissenting views, threatened further investigations, demonstrated hostility toward his positions, and fired his predecessor as RIFL faculty lead for similar speech.<\/p>\n Now Professor Johnson can express his views without the threat of investigation or termination. Johnson was also awarded $150,000 for attorneys\u2019 fees.\u00a0<\/p>\n The Institute for Free Speech filed the federal lawsuit in 2023 on behalf of Professor Johnson, alleging that the university\u2019s practices are unconstitutional and \u201crepressive,\u201d according to the case summary<\/a> on IFS\u2019 website.\u00a0<\/p>\n Following the ruling, Professor Johnson said, \u201cAfter three years, rather than being mandated to value and promote DEI with its neo-Marxist understanding of race, grievance, identity politics, and cloaked affirmative action, I can finally get back to focusing on what I\u2019ve always cared about\u2014teaching history and engaging in the free exchange of ideas,\u201d according to a news release<\/a> from IFS. <\/p>\n IFS Vice President for Litigation Alan Gura said, \u201cCalifornia community colleges tried to make Professor Johnson say things he didn\u2019t believe\u2014under threat of discipline or termination if he refused. That\u2019s a straightforward First Amendment violation.\u201d<\/p>\n \u201cCalifornia cannot demand that community college professors conform their speech to an official government ideology\u2014including so-called \u2018DEI\u2019 and anti-racist ideologies,\u201d he said.\u00a0<\/p>\n In February, a federal judge issued a temporary injunction, blocking the community college from requiring the professor to embed DEI practices in his classroom, while the case was ongoing, The College Fix<\/a> previously reported.\u00a0<\/p>\n